Declaration Concerning the Late Tumults in Scotland, Floating text 44

Declaration Concerning the Late Tumults in Scotland · Floating text 44

p. 350Anent acts of Parliament.**For the cavils here made against the Acts of Parliament, cited in the explanation, they will be sufficiently confuted, if the reader will take the paines to reade the acts; for then he shall easily discover that these exceptions are not only weak, but none at all.There is annexed to this Declaration a quotation of sundry acts of Parliament, to prove that Episcopall government was not abolished in the yeare 1580. whereunto albeit there is no necessity of answer, seeing the meaning of the Kirk of Scotland in her Confession of Faith is onelyonly to be sought from her self, and the registers of her Assemblies, and not from the Parliament, yet the same shall be specially answered in the order that they are alleadged: after these two generals are offered to the Reader his consideration. 1. After the reformation of this Kingdome, the Kirk was still wrestling against all corruptions, and especially against Episcopacie. But though they clearly and frequently condemned the same, yet the power of the enemies of reformation withstood them long: so that her owne policy could not be obtained ratified expresly & specifice in Parliament, till the yeare of God 1592. which abrogateth all those proceeding acts, alledged in the contrare. 2. That acts of Parliament can no more make Ecclesiasticall offices, nor give Ecclesiasticall priviledges, nor the acts of Assembly can establish civill offices of Estate, or grant to them civill priviledges; each Judicatorie being properly confined within their owne spheres.

p. 351But before the acts of Parliament be particularly marked and cited,Answer to the acts 1567. there be two reasons prefixed: the one taken from some acts of Parliament 1567. cap. 2.3.6. and cap. 68. Par. 1579. The other from the oath ministred to the King, at his coronation, for the act of Parliament 1567. Bearing that no Bishop nor other Prelate in this Realme, use any jurisdiction in time comming by the Bishop of Romes authority, It is evident hereby that Episcopacy is altogether condemned, as all other Prelacie was: for before that time they had no jurisdiction but from the Pope: and therefore being discharged to execute that; they are discharged by the act to execute any at all. That this is the true meaning and scope of that act is manifest: because the Kirk in the book of common order, and in the first book of discipline at that same time, acknowledgeth no other ordinary office bearers appointed by Christ in Ecclesia constituta. But the Pastor, Doctour, Elder and Deacon: and in her Assemblies at that same time, was still censuring these who were called or designed Bishops by reason of their benefices, as is instructed by the acts printed before the book of discipline. And therefore in the act of Councell, 1560. made in the same yeare by these same persons, ratifying the first book of discipline, they provided only that Bishops, Abbots, Pryors, &c. Being protestants, brook their revenewes during their life-times: they sustaining Ministers in the meane time. 2. In the yeare 1566. which precedes that Parliament, the Kirk of this Kingdome approved the Confession of Helvetia; wherein the parity of Ministers is preferred as Gods ordinance warranded by his word, to Episcopacy, as an humane consuetude. 3. Because at that time the Queene had restored the Archbishop of S. Andrews; therefore the Kirk supplicated the Nobility of the Kingdome, against that restitution, which they condemne as the curing of the head of the beast once wounded within this land. Wherein they expresly ground themselves upon the said act of Parliament being before made in the year 1560. as a certaine abrogation of the Arch-bishops authority. 4. In the 2. book of discipline chap. 11. the Kirk useth the same act of Parliament as an abrogation of the Papisticall Kirk, and Papisticall jurisdiction, and thereby of Episcopall jurisdiction and power. 5. The Kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of Parliament, 1567. printed amongst the black acts and renewed in the Parliament holden 1579. (which immediately followeth the act here cited) declaring that no other Ecclesiasticall jurisdiction shall be used within this Realme, but that which is and shall be in the reformed Kirk and floweth therefrom: and they urge that none under the abused titles in Papistry, of Prelates, &c. attempt to claime the benefite of any act of Parliament, having no commission of the reformed Kirk within this Realme. Whereby our Kirk declared all Episcopall jurisdiction to be Papisticall. Which is the true meaning of the word, his Hirarchie in the short confession. For their jurisdiction could flow from none other but from the Pope: Seeing it flows not from the Kirk: but was abolished and condemned by them: as is cleare by the Registers p. 352of the Assembly. 6. The acts doe abolish all Papisticall jurisdiction: And therefore all Episcopall jurisdiction, because Episcopall policy and jurisdiction is Papisticall: as is acknowledged by many, and specially by Doctor Poklingtun Chaplaine to the Bishop of Canterbury: who deduceth a continuall lineall succession from Peter through the whole Popes, unto the present Arch bishop of Canterbury: and by the quotter himselfe, who alledgeth (albeit falsly) that this Kirk retained the Papisticall Policy and government. 6. Where it is said in the reason; that our Kirk did not innovate any thing in that Policy which they found in the Kirk before the reformation: the same is controlled by the book of Common prayer, first book of Discipline, and acts of the Assemblies.

Anent the sixth act 1567And for the 6. act 1567. and the 68. act 1579. The same doth not only not mention Bishops, but declareth the true Kirk to consist only of Ministers of the Gospell then living, and these who thereafter should rise; agreeing with them, in doctrine and administration of the Sacraments, and the people, as the members thereof, which directly excludeth Bishops: against whom the doctrine and practise of this Kirk, continually sounded: especially at that time. For in the government of this Kirk by weekly meeting of Ministers, Elders, and reformed townes from the yeare 1560. to the yeare 1576. (except the interim of the pretended convention at Leeth 1572.) and from the yeare 1575. to the year 1581. The Assemblies for the most part were imployed in abolishing the corruptions of Episcopacy, and in establishing the setled Policy: which was agreed upon, 1578. In the second book of Discipline. In the which acts of Assembly and book of Discipline is set down at large the doctrine of the Kirk of Scotland, anent that discipline, as grounded and well warranded in the word of God, and against Episcopall jurisdiction, as an unlawfull humane invention: So that Episcopacy being contrary to the doctrine of the Kirk of Scotland, 1579. The Bishops disagreeing from the Ministers of the Evangel then living, in doctrine and in the use and administration of the Sacraments, are declared by the said acts to be no members of this Kirk, and the same acts cited for them doe sufficiently evince that Episcopacy was still condemned, notwithstanding all opposition made in the contrare.

As for the Kings oath, the same containeth no mention of Bishops, but by the contrary,Anent the Kings oath. the King is obliged thereby to maintaine the true Religion of Jesus Christ, the preaching of his holy word, and right administration of the Sacraments, then received and preached within this Realme. And seeing it is cleared by the preceeding relation, that Bishops were never allowed, but oppugned by the Kirk of Scotland, that oath doth not allow, but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God, wherein the Hierarchie is abjured as contrary thereto; and craved an oath from his Majesty for maintenance thereof, which now also our gracious Soveraign in the judgement of the Kirk p. 353of Scotland is obliged to maintaine, as being founded upon the word of God, and exclusive of Episcopacie as repugnant thereto. The acts of Parliament thereafter particularly cited are these mentioned in order.

The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate, and the 35. act 1571. Ratifying all acts made anent the freedome, and liberty of the true Kirk: the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts, but by the contrary was abolished by the acts of the Assembly and Parliament, before mentioned, so that the priviledges therein mentioned, are granted to such Kirk-men as then were received by the Kirk and Kingdome: and the freedome of the Kirk must be interpret by her owne judgement: who thought ever Episcopall jurisdiction an heavy bondage: and yet those priviledges can inferre no spirituall jurisdiction, but only civill priviledges; some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare, 1. act Iames 1. Par. 1. and 26, act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others.

It is here to be observed, that the carefull evolver of these acts of Parliament, hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers, to be only in the power of the Kirk, then openly and publickly profest; and presentations to be made to Superintendents, or others having commission from the Kirk, and appealeth from them, to the Superintendents and ministers of the Province, and appealleth from these to the generall Assembly: in all which gradations no mention of Bishops; but they in effect excluded by that contrare distinction of the Kirk then openly profest: because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity, declared in the first booke of discipline ad ecclesiam constituendam; but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established.

As for the acts of Parliament, 1572. and 1573. It is knowne by the records of the time,Anent the acts 1572. & 1573. that the Regent then laboured hard to bring in Arch-bishops, and Bishops, who were not dead, but standing de facto provided to the power of these titulars of benefices, to fortifie his owne designes, and counter-ballance the authority of Ministers, pressing the purity of reformation: and so cannot be honourably alleadged for the Bishops at this time: and yet it was done not by authority, but by warrand of some Ministers of his owne party conveened at Leeth: and was onelyonly done for an interim, and protested against by the next Assembly; and yet neverthelesse by the said acts of Parliament, the Arch-bishops, Bishops, Superintendents, or Commissioners of Dioces or Provinces, are joyned together (which is wrongously omitted in the quotation) to show that no Archbishop or Bishop, quatales had any power, but only being de facto standing provided in the title, they were capable of a Commission from the Kirk, which sometimes they obtained, and in the book of Assembly are named such as are called Bishops, and were under p. 354the Discipline of the Kirk: and in the same Superintendents possessours and titulars of prelacies, as well as Arch-bishops and Bishops, are ordained to be called and conveened for that effect before the generall Assembly of the Kirk: And yet none can say, That the offices of Abbots, Pryors, &c. were then retained; howbeit the benefices were not extinct; and few ill grant that when the Arch-bishops and Bishops office was in vigour, they thought themselves subject to the generall Assembly: as they are by the said act which is also fraudfully omitted in the quotation.

Anent the acts 1578. & 1579As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time, from the yeare 1575. was busied in abrogating Episcopacy, and establishing the constant policie, as is cleare by the printed acts of Assembly before the book of Discipline, and unprinted acts of Parliament: The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie, whereupon the Parliament, by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged, but that which is in this reformed Kirk, and floweth there-from, which extinguisheth Episcopacy; because it doth not flow from this reformed Kirk: neither can produce its chartor from her: for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie, and in the generall Assembly holden at Dundie, 1580. and their whole estate spirituall, and temporall condemned in the Assembly at Glasgow, 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh, 1581. so that by this act of Parliam. 1579. The Bishops are so abolished, that unlesse they be established by lawfull Assemblies of the Kirk, no act of Parliament since sen can conduce for their establishment: seeing this act with the other acts for their abolition, standeth yet unrepealed. And farther for the act of Parliament, 1578. if the same contribute any thing, for Episcopacy, it must either be because Bishops are there mentioned, or for the power thereby conferred upon them: But both these are weak grounds. The first because there is no Bishop there named, but such as stood provided de facto on life: which is an designation of the benefice, which was not then extinct; and not of the office which was extinct. The power conferred upon them by the said act can give no strength to the argument: because there is no jurisdiction granted thereby to them, but only power to visit Hospitalls: which the Parliam. might have granted to any person: but was most proper to these idle titulars of benefices, who might best attend the same, or imploy means for their reparation. And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being: And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops; to show that no power is granted unto them as Bishops, but Commissioners from the Kirk, and the name is still used, because the benefice was not extinct, but they were knowne by that appellation.

p. 355The acts of Parliament 1581. were better alledged for Assemblies then Bishops, Anent the act 1581.for it is an expresse ratification of the former acts of abolition of Bishops, and abrogation of all acts or constitutions, cannons civill or municipall contrare to the Religion then presently profest within this kingdome: which is not only clearly exprest in the words: but if they were doubtsome (as they are not) were manifest for these reasons. First, the Assembly holden at Edinburgh, about the very same day, honoured with the presence of his Majesties Commissioner, is acknowledged by him to have condemned Episcopacy whereunto temporall jurisdiction is annexed: and the Assembly declaring that function to be against the word of God and acts of the Kirk, thereupon did supplicat the Parliament, that they should make no acts repugnant to the word of God, especially concerning Bishops. Secondly, the King and Estates by that act ratifieth all acts made for maintainance of the liberty of the true Kirk of God, presently professed within this Realme and purity thereof: which present profession can be no other, then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh, which had approven the Presbyteriall government, condemned the Episcopall, and ratified the short confession simul & semel, wherein the Estates had sworn to the Presbyteriall and abjured Episcopall government. Thirdly, this ratification of the former acts of Parliament must bee interpreted, according to the words thereof, to be in all points, which are not prejudiciall to that purity of Religion and liberty of the Kirk presently professed within this Realm. And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline, set down in the book of discipline, which by this act is ratified in the first place, before any speciall enumeration of particular acts. Fourthly, it hath beene formerly showne that in the preceeding acts of Parliament where Arch-bishops or Bishops are named, the same hath beene by reason of their benefice, and not their office: which the Parliament could not give them being abrogate by Assembly: or having intended really to give them any place, would not have joyned Superintendents and other Commissioners with them: or otherwise they are named as having equall power with the Superintendents and other Commissioners, as in the convention at Leeth; and conforme to the time, especially 1572. and 1573. Wherein some titulars or possessors of prelacies, so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents, which was not fully abrogate untill 1580. But all this was without prejudice of the Kirk her liberty, to recall her own commission from these who were provided to prelacies; and to condemne their Episcopall offices, whereunto they ascrived the power; which they really had by their commission: as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the saids acts of Parliament (which were never rescinded till 1592.) whereby it is evident, that though this act of Parliament 1581. ratifie the former acts wherein Arch bishops, Bishops, Superintendents, or other Commissioners p. 356of the Kirk are named, yet seeing the said acts are alternative conceived, the vigour and efficacy thereof subsists by this ratification in the last alternative; viz. Commissioners from the Kirk, Dyoces or Province: seeing the remanent were formerly condemned: especially by this Assembly of Edinburgh holden the time of the Parliament. Fifthly, this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves, cannot import any corroboration of the offices under the titles mentioned in these former acts: because this ratification, can only be extended to the matter, and not to the designation of the persons, exprest in the former acts, which is only personall and circumstantiall, as for instance, this act 1581. could not confer any power or employment upon Superintendents: because that office was then abrogate; and out of the Kirk. But the true meaning of the act is; that ratifying the substance and matter in favours of the Kirk and Religion, it doth intrust the execution to these whom the Kirk shall lawfully authorize with commission for that end, which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam: and yet all Arch-bishops and Commissioners are discharged and all Ecclesiasticall matters subjected to Presbyteries. Sixthly, it cannot probably agree with reason that by this ratification the Parliament, above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh, 1581. immediately before this Parliament.

The acts of Parliament 1584. are of severall natures. But they were protested against,Anent the act 1584. and the third Estate of Parliament. by the Ministers of Edinburgh in the name of the Kirk of Scotland, at the mercate crosse of Edinburgh, when they were proclamed and as they were made in that time which was called the houre of darknesse in this Kirk, tirrannized by the Earle of Arran, so are they expresly repealed 1592. cap. 114.

Anent the act of Parliament 1584. For the three Estates, and so furth. To answer: Primo, that the Kirk from the yeare of God 1580, 1581. that the Confession was subscribed, unto the year 1597. all this time was by continuall acts condemning the office of Bishops, their spirituall, their temporall, their whole estate, their confusion of civill and Ecclesiasticall jurisdiction, and craving in Councell and Parliament the dissolution of Prelacies and the erection of Presbyteries.

2. De facto the former Bishops being continually processed and sentenced by the Kirk, these who presumed to usurp that office condemned by the Kirk, namely Mr. Patrick Adamson, and M^r. Robert Mountgomrie in the yeare 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament, 1587.

3. De facto no Ecclesiasticall Bishop voted in Parliament but Mountgomry and Adamson, who were taken in by the Earle of Arran, unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates, so that as these p. 357two Bishops cannot be called the third Estate which doth ratifie, so the Estate of Bishops, cannot be called the third Estate, which is ratified: especially seeing by that same Parliament in the 132. act. Bishops of the Diocie are but nominate the Kings Commissioners. And in the last act of that same Parliament, printed of old in black letter, there is set downe the Kings Commission granted to the said pretended Bishop Adamson.

4. From 1581. till the yeare 1597. the quoter doth not eite nor can cite any act of Parliament expresly nominating any ecclesiasticall Bishop, but that in the 1584. wherein he is named as one amongst other the Kings Commissioners, whereof some were meere secular persons.

5. It is cleare by the first act of the ninth Parliament 1584. and the eleventh act of the 10. Parliament 1585. that Bishopricks, Prelacies, Abbacies, Priories, Nunries, were then thought to be alike in the Kings hands, were granted to whatsoever persons being his subjects, albeit they brooked no office in the Kirk: so that some of these lordships and Baronies were erected before 1587. and excluded from the annexation.

6. As the Kirk had ever been craving the dissolution of Prelacies, and condemning the temporall as well as the spirituall estate of Bishops, by their act of the Assembly 1581. and by their censure of the Presbyterie of Striviling for admitting Montgomrie to the temporality of the Bishoprick of Glasgow, and censure of Mountgomrie for aspyring thereto, contrare to the word of God and acts of the Kirk in the Assembly 1587. Iuni. So in the 11. Parl. of King Iames the sixt 29. of Iuly 1587. 29. act. The three Estates of Parliament annexeth to the crown, all Lordships and Barronies pertaining to whatsoever, Archbishops, or Bishops, Abbots, Pryors, Nunnes, and Munkes: reserving alwayes to Archbishops, Bishops, Abbots, Pryors, Pryoresses, commendators, and others possessours of great Benefices of the estate of Prelates, and which before had or hath vote in Parliament, the principall Castles and Fortalices: whereby it is cleare, that the stylus curiae naming three Estates did no wayes include Ministers being Bishops: seeing no ecclesiasticall Bishops, sate in that Parliament, nor could sit: because the only two Bishops of the time Adamson and Montgomery, were before deprived and excommunicat, and certainly they neither would nor could have sitten as an Estate in Parliament to abrogate their owne estate and lordships, and temporall land, whereupon that act acknowledgeth any right they had, did depend. 2. It is cleare that Archbishops or Bishops, Abbots, Pryors, &c. all alike voted in Parliament of old, not by reason of their ecclesiasticall office, but by reason of their great benefices and lordships: which here is said to have had vote in Parliament: for that cannot be relative to the persons, as unto Pryoresses: but unto the benefices. So that Ministers voted not as Ministers in name of the Kirk, but as possessours of these great benefices or Baronies: and others who were not Ecclesiasticall persons being titulars, and possessours of these great benefices both communi styl… were called Bishops, Abbots, p. 358&c. by vertue of the benefice without any office, in the rolls of Parliament, and in the act of Assembly 1587. The Bishoprick of Cathnes is said to vaike by decease of Robert Earle of March, the Kings Uncle: And the Assembly in their letter to the King declareth, to be against the word of God and acts of the Kirk, to present and admit any Minister to that Bishoprick, as also some of these titulars, and possessours of the benefices, albeit they had no ecclesiasticall office, did some times ryde and vote in parliament. 3. It is cleare that the three Estates by taking away from Archbishops, and Bishops, their Lordships Barronies, and temporall lands, they took away their vote in parliament, which doth not subsist, but in and by the benefice, and therefore ecclesiasticall persons separat to the Gospel for want of their great benefices, had no vote in parliament, till the 1597. (albeit all the interveened acts are made by the three Estates,) wherein the Kings Majesty restoreth Ministers to the titles and dignities of Prelacies, which showeth that before they were disponed to others then Ministers; and provideth that Ministers presented to these titles and dignities, and to the benefice of Bishopricks, shall have vote in parliament; which sheweth that the benefice and not the office giveth right to vote in parliament, like as the very act of parliament 1606. acknowledgeth, that by the act of annexation of the temporality of benefice to the Crown 1587. the estate of Bishops were indirectly abolished; and therefore they behoved to rescind the act of annexation anent the benefice, and restore them to these titles and dignities, before Ministers could vote in parliament, but these acts also are hereafter answered. 7. But as for 130. act 1584. no Bishop is therein mentioned; and yet it is adduced for Bishops, because the three estates are therein named, under one of which the Prelate claimeth to be comprehended, but why more he then Abbots, and Pry…rs formerly abolished, as well as Episcopacy? why more by that act, then many former made when Bishops neither rode, sate, nor voted in parliament; but were expugned out of this Kirk, and yet the acts were all made by the three estates, which albeit it needeth none other demonstration then that it is stylus curiae, carefully observed in this Kingdome; Yet the truth is, that the Nobility, Barrons, and Burrows were the three estates of this Kingdome, many hundred yeares after Christianity, before any Bishops was in this Kingdome, as is observed by Buchanan and Boetius, and acknowledged by Lesly in his Chronicles; and after the Bishops were abrogate expresly the three estates of parliament did continue, and make all acts of parliament. Yea, after the 1592. where Bishops were discharged, for if Bishops were an estate, there behoved to be foure estates of parliament; as there are so many named in the Commission granted by King JAMES, and King CHARLES, viz. The Clargie, Nobility, Barons, and Borrows, and that as ecclesiasticall persons separate to the Gospel, since the reformation, were never warranted to voice in Parliament, while 1597. So on the other part, the Barons are, and have beene, as an estate of parliament in uncontravered possession of voting in parliament, conforme to p. 359the 101. act Parl. 7. King IAMES the first, renewed again in the parliament 1585. and 1587. act 113. wherein precepts of the Chancelary are ordained to be directed to the Barons as unto an Estate of parliament: even as they shall be direct unto other Estates, to wit, The Nobilitie and Borrows; which in that act is mentioned. So in this same act of parliament (which in the narrative relateth the bygone great decay of the ecclesiasticall Estate) There are exprest three compleat Estates in Parliament, The Nobility, Barrons, and Borrows. And as in law the three Estates are intire without Bishops or Ministers voters in Parliament, So also, it is most expedient, and necessar for the liberty of the Kirk, honour of the King, and peace of this kingdome: That no Ministers vote in Parliament, as is more clearly and largely proved in the reasons of the protestation, given into Parliament against the same, 1606. And in the act of this Assembly against civill places of Kirk-men.

As for the 131. act 1584. no Bishop is therein mentioned to get any benefite thereby, and far lesse can the same reach to the prejudice of the late Assembly, which was indicted by his Majesty, and is an ordinare judicatory allowed by the lawes of God and man: like as it is answered in our protestation, more largely.

And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops; but only a power of cognition: wherein the Parliament hath joyned others the Kings Commissioners with them, only as the Kings Commissioners: and granted the same unto seculare persons with them: but the King could never provide them to the office and jurisdiction of Bishops, which was abolished by many acts of Parliament and Assemblies before written.

The 23. act 1587. worketh directly against Bishops: Anent the act 1587.being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome: which must include the acts abolishing Episcopacy; but especially, seeing in the same Parliament 1587. temporall livings are taken from the Bishops, as well as the office was 1567. And the same act undoubtedly was granted in the same meaning, wherein the Kirk did crave it; who that same yeare had often condemned Episcopall government, as contraire to Gods word, and the liberty of the Kirk, and approved Presbyteriall government, as flowing from the pure fountaine of Gods word.

It falleth in here to be remarked that the act 114. anno 1592. is never alleadged:Anent the act 1592. and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established, and in particulare, the Assemblies, Presbyteries and Synods▪ with the discipline and jurisdiction of this Kirk, are ratified and established, as most just and Godly, notwithstanding whatsoever statutes, acts, cannons, civill or municipall lawes made in the contrare: whereunto his Majesties prerogative is declared to be no wayes prejudiciall. Further the said act abrogates all acts granting commission to Bishops, and other Judges constitute in Ecclesiasticall causes; and ordaineth p. 360presentation to benefices to be direct to Presbyteries, with power to give collation thereupon: And so containeth a ratification of the heads of Policy set downe in the second book of discipline. Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum; but only in part by the ratification of the act of Glasgow. Which now cannot be respected; but falleth ex consequenti: seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio: and so this act of Parliament, wisely omitted by the collecter to the Cōmissioners grace might serve alone, without our preceeding speciall answers, for clearing the whole preceeding acts.

The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk;Anent the acts 1597. and under that name to Abbots, or other persons provided to prelacies, as well as Bishops: even as in time of papistry. So as Sir Robert Spottiswood, Abbot of New-abbay road thereafter in Parliament: which was both unwarrantable and unusuall. Which doth nothing contribute for the Bishops advantage, because albeit the benefice was not extinct, yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk: which is also acknowledged in the same act; because after the granting to them of the said voyce, the Parliament remitteth them to the King and the Assembly, concerning their office in their spirituall policy and government in the Kirk. 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk, established by acts of Parliament made in any time preceeding, and permitted by the said acts to all provinciall and generall Assemblies, and other whatsoever Presbyteries and Sessions of the Kirk: and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk, especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy. 3. The priviledge is granted upon condition they be actuall Pastors and Ministers. And so we referre to the world and themselves, if with good consciences they may claime the benefice of that act. 4. That priviledge was obtruded, and pretended to be introduced in favours of the Kirk: who may and hath renounced the same, as being incompatible with their spirituall function: as the act of the Assembly at more length beareth, upon undeniable reasons. 5. When voyce in Parliament was first plausible obtruded upon the Kirk, it was neither proponed nor tolerated in other tearmes then that onelyonly such should have vote in Parliament, as had Commissiom from the Kirk. So that not as Bishops, but as Ministers, Commissioners from the Kirk, they had vote in Parliament. Like as the Assembly at Montrose, 1600. being so hardly prest by authority, that they could not get it altogether refused (albeit in their conference at Haly-rud-house, 1599. they proponed unanswerable reasons against this, and all other civill places of pastours) set downe cautions, binding the Ministers voters in Parliament, to bee insert in the act of parliament subsequent: which was omitted notwithstanding of the Bishops oath and duty in the p. 361contrare; for the breach whereof they are now most justly censured. 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest, are not thereby abrogate, but notwithstanding thereof must stand in force, because it is ever understood, and frequently provided in Parliament, that all acts thereof are made salvo jure cujuslibe… ; far more salvo jure ecclesiae & sponsae Christi, when she is robbed of her right without audience: especially seeing her right, is usually ratified in the first act of every Parliament. 7. Albeit it were granted, that by this Act of Parliament, or any whatsoever the Prelates had voice in Parliament, yet that doth not exeime them from Ecclesiastick censure, nor forefault the Kirks right, whereby she may condemne them for their transgressions: as now this Assembly most justly hath done, for by their own caveats, whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies, ipso facto loseth his benefice and vote in Parliament. 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament, according to the cautions set down in the Assembly at Montrose: for the which cautions that Assembly was never challenged, as trenching upon the third estate.

The act of parliament 1606. is coincident with the nature of the preceeding acts,Anent the act 1606. for albeit the King and parliament might have reponed them to their rents, teends, lands, &c. which were annexed to the Crown; yea, might have disponed to them any part of the patrimony of the Crown, If lordly titles and civill places in the persons of pastors separat to the Gospel, had been lawfull, yet could not give them the spirituall office, and jurisdiction spirituall, which was abolished and abjured by many preceeding acts of Assembly and parliament forecited. Et quod illud tantum agebatur, is evident by the whole straine of the act, reponing them, for remeed of their contempt and poverty to their dignities, priviledges, livings, rents, lands, and teinds: and this alwayes limited, as was competent to them, since the reformation of Religion in the reformed Kirk: From which time their office and jurisdiction spirituall was alwayes extinct. Which is evidently acknowledged in the act of Parliament 1592. and expresly in the act of parliament 1597. granting voice in parliament to Ministers. Which albeit it was the first step to Episcopacy, yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government (as not pertaining to their civill place and jurisdiction) to the King and the generall Assembly of Ministers, as properly belonging to them, but prejudice alwayes of the jurisdiction and discipline of the Kirk, permitted by many acts of Parliament, (whereof that 1592. forecited is one) to generall provinciall Assemblies, Presbyteries and Sessions of the Kirk, which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing; till the yeare 1612. at which time first, and never before, the King and Estates had taken the advice of the pretended Assembly at Glasgow, anent their office and spirituall jurisdiction formerly remitted to them; as is cleare in the act of Parliament p. 3621612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter.

Like as also the act of parliament 1609. restoreth them only to temporall jurisdiction,Anent the act 1609. and priviledges, lawfully pertaining to them and flowing from his Majesty, as any other ordinare jurisdiction doth; with reservation of the Kings supremacy and prerogative therein; which can no wayes comprehend their ecclesiasticall office, because the same is not a temporall jurisdiction, neither did lawfully pertaine to them, but by the law of God, and acts of this Kirk after reformation; and by the act 1592. was abrogat and taken from them; and the ecclesiasticall power established in presbyteries. So that if it be an ecclesiasticall office, it cannot flow from the King, who cannot make a Minister, Doctor, Elder or Deacon in the Kirk; albeit hee may present a Minister made by the KING of Kings to the Kirk; neither can the parliament institute originally any ecclesiasticall office in the Kirk, as is before said. Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty; as is cleare by the act it selfe, bearing that they shall brooke all priviledges and jurisdictions granted to them by his Majesty, and redintegrates them to their former authority and jurisdiction, lawfully pertaining to them, alwayes flowing from his Majesty (from whom only temporall jurisdiction doth flow) which is only the jurisdiction of Commissers in temporall causes, and no waies any spirituall jurisdiction competent ratione officii: which by Gods word and the lawes of the Kingdome was abjured in them, and established in assemblies, presbyteries, &c. as is many times before repeated. But to convince them further it is not or that both 1606, and 1609. they road in Parliament, and by their own voices and the iniquity of the time, made the said acts without inserting the cautions made at Montrose, without any commission from the Kirk, contraire to the said cautions and their owne oath given for observance thereof, against which the Kirk of Scotland did protest solemnly, clearing unanswerably, not only the unlawfullnesse of their Ecclesiastick Episcopall function; but also of the civill places in persons of Pastors, from Gods word, our confession of Faith, 1580. acts of this Kirk and Kingdome; but this protestation being rejected by them was printed to the view of the world.

Anent the act 1617.And as for the act of the Parliament 1617. it cannot set down consecration to the office, without a preceeding act of the Kirk: which is not alleadged: but by the contraire, the Kirk, had before condemned that office, and did particularly protest against that act of Parliament. Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled: and so not only this act 1617. but all after acts, ratifying the same, fall ex consequenti; both by the light of reason, law and practise of this Kingdome. For when the principall act or right ratified doth fall, the subsequent ratification falleth eo ipso: especially in this case, when civill laws in ecclesiasticall matters, cannot be made originally, nor subsist p. 363after the abolition of the ecclesiasticall constitutions, which they ordaine under civill sanction to be obeyed: and yet being once annulled they cannot be obeyed. And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio, did never restore the office of a diocesian Bishop before condemned in this Kirk; but did too far enlarge and extend the power of these who were provided to the benefice of Bishops; and yet alwayes under cautions and limitations sworn unto: which they never observed; and upon condition of their subjection for censure to yearly generall Assemblies: which they have not keeped, but impeded, and so they ought not to clame the benefice of these acts of Parliament concluded by their own voyces, and protested against by the Kirk of Scotland and violated by themselves.

And last, for answer to all acts of Parliament whatsoever,Conclusion. let the Christian Reader consider, if, as the Assembly lately conveened by his Majesties indiction in the name of Jesus Christ, should judge (and hath proceeded) by the word of God alone; and not by acts of parliament: so we are obliged by our oath made to God, to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto, and prejudiciall to the purity of reformation and the Kirk▪ in whose favours any pretended priviledges is granted, and that out of experience of reall prejudice, and the pungent sins of our oath and danger of perjury; under which this Kingdome lyeth: for the which we ardently deprecate Gods wrath, and beg mercy to every one of us who are guilty; and must still continue our earnest and humble supplications to his Majesty for redresse; as we shall do our petitions to God, for preserving the sacred person of our dread Soveraign, and perpetuating his reigne and his Royall posterity over this land so long as the world endureth.

Revised according to the ordinance of the generall Assembly, by mee M^r. A. Ihonston Clerk thereto. Edinb. 14. of Feb. 1639.

p. 364BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited, and of the impertinency of their Citations of some Acts of Parliament to the contrary: Wee shall demonstrate to the Reader, that when this Confession of Faith was first framed, and injoyned to be subscribed; Episcopall government was then in force and strength, which doth appeare by the most unquestionable and irrefragable Record of that Kingdom, viz. The Bookes and Rolls of Parliament. And therefore Wee have here caused to be inserted out of the Sederunt Rolls of Parliament, the names of such Bishops as sate in Parliament, and represented the third Estate since the Reformation, beginning no higher then the yeare 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands, but yet retained their names and places in Parliament.

Parliament 23. Octob. 1579.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Glasgow.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Murray.

Sederunt pro Clero Orknay.

Sederunt pro Clero Brechin.

Sederunt pro Clero Abbots 15.

Parliament penult. Octob. 1581.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Brechin.

Sederunt pro Clero Orknay.

Sederunt pro Clero Abbots 12.

Parliament 2. Octob. 1583.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Aberdene.

Sederunt pro Clero Brechin.

Sederunt pro Clero Orknay.

Sederunt pro Clero Dumblane.

Sederunt pro Clero Argyl.

Sederunt pro Clero Iles.

Sederunt pro Clero Abbots 13.

Parliament 22. May 1584.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Dunkel.

Sederunt pro Clero Brechin.

Sederunt pro Clero Orknay.

Sederunt pro Clero Abbots 11.

Parliament 26. August 1584.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Dunkel.

Sederunt pro Clero Brechin.

Sederunt pro Clero Aberdene.

Sederunt pro Clero Abbots. 4.

Parliament 1. Decemb. 1585.

Sederunt pro Clero Arch…. S. Andrews.

Sederunt pro Clero Dunkel.

Sederunt pro Clero Brechin.

Sederunt pro Clero Orknay.

Sederunt pro Clero Abbots. 9.

p. 365Parliament 13. July 1587.

Sederunt pro Clero Archb. S. Andrews.

Sederunt pro Clero Aberdene.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Orknay.

Sederunt pro Clero Brechin.

Sederunt pro Clero Abbots 13.

Parliament 3. Aprill 1592.

Sederunt pro Clero Orknay.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Abbots 6.

Parliament 3. Aprill 1593.

Sederunt pro Clero Aberdene.

Sederunt pro Clero Brechin.

Sederunt pro Clero Abbots 6.

Parliament 22. Aprill 1594.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Aberdene.

Sederunt pro Clero Brechin.

Sederunt pro Clero Abbots 5.

Parliament 1. Novemb. 1597.

Sederunt pro Clero— Abbots 5.

Parliament 1. Novem. 1600.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Brechin.

Sederunt pro Clero Abbots 6.

Parliament 12. Aprill 1604.

Sederunt pro Clero Glasgow.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Rosse.

Sederunt pro Clero Brechin.

Sederunt pro Clero Caithnes.

Sederunt pro Clero Abbots 3.

Parliament 3. July 1606.

Sederunt pro Clero S. Andrewes.

Sederunt pro Clero Glasgow.

Sederunt pro Clero Dunkell.

Sederunt pro Clero Rosse.

Sederunt pro Clero Galloway.

Sederunt pro Clero Orknay.

Sederunt pro Clero Abbots 1.

Sederunt pro Clero Priors 1.

Parliament 3. August 1607.

Sederunt pro Clero St. Andrewes.

Sederunt pro Clero Glasgow.

Sederunt pro Clero Murray.

Sederunt pro Clero Brechin.

Sederunt pro Clero Caithnes.

Sederunt pro Clero Orknay.

Sederunt pro Clero Abbots 3.

ABout this time Our Commissioner resolved to aske Our leave for his returne to Us, seeing there was no good to bee expected from Our faire and gracious proceedings with them of the pretended Assembly, and wrote unto Us accordingly. When he had received Our leave for his returne, hee hearing of the great stirres which were now raised at Edinburgh, and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there, repaired thither to Our Palace at Holy-rood-house, where he found the people of that Citie horribly abused by the mis-reports of all the passages of the Assembly, whilst he continued at Glasgow; especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration p. 366made at Edinburgh the 22. of September last past: herewith hee made Us presently acquainted, which moved Us by a very speedie dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh, the summe of his whole proceedings at Glasgow; which Our Commissioner presently performed, by causing this Our ensuing Proclamation to bee published at the Market Crosse of that Our Citie.